A Brooklyn appellate panel has thrown out a “wrongful life” action filed by a Westchester County, N.Y., mother who alleged that her doctors’ failure to adequately advise her of the significance of ultrasound results, which indicated the potential presence of severe birth defects, prevented her from seeking an abortion.
The case turned on the fact that signs of the defects — which left the now-5-year-old boy blind, brain-damaged and unable to speak — were not discovered until about the 27th week of the plaintiff’s pregnancy, which is beyond New York’s 24th-week limitation for legal abortions.
